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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 04-25-2012, 01:21 AM
runaway runaway is offline
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Default Ex trying to get ss stopped

My ex has filed a motion to get support stopped. He works at a job that pays 140k a year. He was ordered to pay 3000. Per month. Married 23 years. He is over 18k in arrears.He also wants arrears abolished Then ends up on wsib last month. I received my first ss payment. For less then amount ordered but something at least. It is anticipated he will be returning to work the end of June mid July. what are the chances the judge will rule in his favor. I work but my income is way less then his even on wsib.
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Old 04-25-2012, 04:24 PM
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arabian arabian is offline
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His chances are hopeless unless he can PROVE a change in circumstances. Sometimes a "stay" is put on if he is ill or gravely injured, but he would have to prove that he has no accident/illness insurance (I assume wsib is some sort of workers compensation???). If you are going through your maintenance enforcement they can only deduct up to 40% of his income. However, arrears don't usually get eliminated unless it is part of an equalization to do with marital assets. My ex tries every year to get his ss eliminated and arrears wiped out to no avail. He can't prove a change of circumstances.

Sometime the judge gets pissed off and your ex might get a break while he is off work but the judge orders a larger arrears payment when he is back to work.

Keep in mind that judges don't like to reverse what another judge has done unless there is something seriously wrong in law.

Beware of self-represented ex spouses who just run up your legal bill. Make sure your lawyer ALWAYS goes after client-solicitor costs when your ex tries this.

Good luck!
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Old 04-26-2012, 12:42 AM
runaway runaway is offline
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Yes wsib pays lost income if you are hurt at work. 85 percent of your take home pay before you were hurt. He never made any attempt to pay ss since it was ordered by the judge and he wasnt off work then until march . I assume the judge will frown on that.
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Old 04-26-2012, 12:54 AM
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Well one would think sickness /injury is a change in circumstance to warrant a reduction in SS. However if it only temporary (few months), might not work.

Check if the compensation is taxed. If no income tax paid on workers comp income, you can gross it up.

I would ask for medical documentation proving injury and prognosis.

He might have other assets that he could use to maintain SS.

If possible I would file the notice to get all his financial documentation again.
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Old 04-26-2012, 01:02 AM
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Compensation is not taxed. His lawyer sent a letter from the doctor saying he should be returning to work mid July. Fro has put a writ of seizure and sale of assets for arrears already.
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Old 04-26-2012, 01:36 AM
beebie beebie is offline
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Then he's a douche and ask for costs.

Mid July is 2 months away (assuming medical doctor doesn't extend his sick leave) and his salary is still being paid at essentially full rate when grossed up for tax. He has no major problem paying SS.

You should register your Order on all his assets. How is this guy driving a vehicle if you are using your enforcement agency?

I would ask for arrears to be paid forthwith based on sale of an asset (RRSP?) if at all possible. Since he is so loving litigation, put him on the defence with a counter-application.
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Old 04-26-2012, 01:48 AM
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I am not sure how he Is driving I assumed before putting the writ of sale on the assets they would have suspended his drivers license and passport. We havent even divided the assets yet. He has done everything possible to avoid giving me money. His excuse for not paying any support yet is because fro never garnishee his paychecks yet. They did garnishee his comp cheque this month though not the full monthly support amount but something at least
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